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(Procedure) Bill 1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(d)
to give the Supreme Court and District Court clear authority to conduct
trial proceedings in respect of indictable offences after the presentation
of the indictment and before the jury is empanelled for the trial, and
(e)
to remove the provision that certain classes of criminal procedure rules
made by the District Court Rule Committee do not have effect until
approved by the Attorney General.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the
Crimes Act 1900 set out in Schedule 1.
Clause 4 is a formal provision giving effect to the amendments to the
Criminal Procedure Act 1986 set out in Schedule 2.
Clause 5 is a formal provision giving effect to the amendments to the
District Court Act 1973 set out in Schedule 3.
Schedule 1
Amendment of Crimes Act 1908
Change in plea during criminal proceedings
At present, if a person charged with an offence on indictment has been put
into the charge of a jury, the person can only be discharged by the verdict of
the jury. Accordingly, if the person changes his or her plea in the course of
the proceedings to a plea of guilty, and the trial judge accepts that plea, the
trial judge must direct the jury to find the accused guilty. This procedure is
changed so that if an accused person pleads guilty to any offence during the
course of the proceedings, and the trial judge accepts that plea, the trial judge
can discharge the jury from giving a verdict and find the accused guilty. The
finding has effect as if it were the verdict of the jury. (See Schedule 1 [l])
Opening address to jury by accused on trial issues
The accused (or counsel for the accused) is to be specifically permitted to
make an opening address on trial issues immediately after the prosecution's
opening address. At present, an opening address by the accused may be made
Explanatory note page 2
at the end of the prosecution case and before the commencement of evidence
in the defence case. If the accused elects to make an opening address on trial
issues immediately after the prosecution's opening address:
(a)
the address is to be limited generally to an address on all or any of the
matters disclosed in the prosecution's opening address that are or are
not in dispute and the matters to be raised by the defence,
(b)
the accused is not precluded from also addressing the jury at the end of
the prosecution case and before the commencement of evidence in the
defence case. The opportunity has been taken to consolidate the
relevant provisions relating to addresses by the accused.
(See Schedule 1 [2] and [3])
Schedule 2
Amendment of Criminal Procedure Act 1986
The amendment to the Criminal Procedure Act 1986 inserts section 16A
which allows the Chief Justice of the Supreme Court to issue a practice note
directing that indictments of a particular class are to be presented in the
District Court rather than the Supreme Court, unless the Chief Justice
approves of a particular indictment of that class being presented to the
Supreme Court. The Supreme Court may reject an indictment that is
presented in the Supreme Court in contravention of such a direction.
The amendment to the Criminal Procedure Act 1986 also inserts section 19
which gives the Supreme Court and District Court clear authority to conduct
trial proceedings for indictable offences after the presentation of the
indictment and before the jury is empanelled for the trial. A criminal court is
not authorised to make orders in connection with proceedings for indictable
offences (including orders relating to the admissibility of evidence) until an
indictment is presented. The amendment enables an indictment to be
presented without the immediate impanelling of a jury so that the court can
make any necessary orders in connection with the trial that may be made in
the absence of the jury.
Schedule 3
Amendment of District Court Act 1973
At present certain classes of criminal procedure rules made by the District
Court Rule Committee do not have effect until they are approved in writing
by the Attorney General. This requirement is removed.
Explanatory note page 3